King Street Complaint

8/8/2019 King Street Complaint

http://slidepdf.com/reader/full/king-street-complaint 1/12

Texas Ethics Commission P.O. Box 12070 Austin. Texas 78711-2070 (512) 463-5800 1-800-325-8506

SWORN COMPLAINT BEFORE THE TEXAS ETHICS COMMISSIONAn individual must be a resident of the state of Texas to be eligible to tile a sworn complaint with the Texas EthicsCommission. The complainant s required to attach to the complaint a copy of one of the following documents:

• complainant's driver's license or personal identification certificate issued under Chapter 521OFFICE USE ONLY

of the Transportation Code, or commercial driver's license issued under Chapter 522 of the

Transportation Code; or Docket Number

• a utility bill, bank statement, government check. paycheck or other government document thatshows the name and address of the complainant and is dated not more than 30 days before

the date on which the complaint is filed. Date Hand-delivered Of Date Postmarked

Effective September 1, 2009. an individual may also be eligible to file a sworn complaint with theTexas Ethics Commission if the individual owns real property in the state of Texas. Under thisprovision, the complainant will be required to attach to the complaint a copy of a property tax bill,notice of appraised value, or other govemment document that shows the name of the complainant,shows the address of the real property in Texas, and identifies the complainant as the owner of the

real.property.

I. IDEN1"ITY OF COMPLAINANT

1 COMPLAINANT MSIMRSIMR

C.RA\;ST

MI

NAME

.... . . . . . . . . . . . . . . . . . . . . . . ..NICKNAME LAST SUFFIX

N\c:. 02 COMPLAINANT ADDRESS APT I SUITE II; CHY; STATE; ZIP CODE

PHYSICAL {PO' w. 5'r. E l ' } ( '78'10\DDRESS(FuR homeor_ I_ l Iddreu . lnc lud tng streeI, city,_, and zip coda)

3 COMPLAINANT ADDRESS APT I SUITE #; CITY; STATE; ZIP CODE

MAILINGADDRESS

H same as above) (Ful home or _lnnsll<kllf i&,lncIudtngstreeI, city,slaW, and zip coda)

4 COMPLAINANT AREA CODE PHONE NUMBER EXT 5 COMPLAINANTTELEPHONE

SIz. .. E-MAIL,P*"@, TPS. 0 R6-UMBER ADDRESS

II . IDENTITY OF RESPONDENT

6 RESPONDENT MS I MRS I MR FIRST MINAME . .. .. . . . . . . . . ,

KSKp/7fUt. V.R. LAST SUFFIX

7 RESPONDENT .,.POSITION OR ITLE

8 RESPONDENT ADDRESS APT ISUITE#; CtTY; STATE; Z1PCOOE

PHYSICAL #t;1II,T," , '770'2-DDRESS 'lS-,,1.(Full home or _Inasa address, including streeI, clty,lIIata, and zip coda)

9 RESPONDENT ADDRESS APT I SUITE #; CITY; STATE; ZIPCOOE

MAILING(ehec:t( tt same as above) (FuR home or__ II<kIIfi&, 1ncIud1ng.-. city, slaw, and zip codal

10 RESPONDENT AREA CODE PHONE NUMBER EXT 11 RESPONDENT

TELEPHONE L/t>'·3S:S-oE-MAIL

,iJ; t!. S'tl'e(\ f"•UMBER ADDRESS(IF KNOWNI

GO TO PAGE 2

Revised 0611 012009



Section Ill. Nature ofAlleged Violation.

Available evidence suggests that two Texas non-profit corpomtions, the King Street Patriots and

its affiliate KSPffrue the Vote, have violated the state's prohibition on corpomte contributions to

political parties and candidates by making repeated in-kind corpomte contributions. These in-

kind corpomte contributions collectively appear to be worth tens, if not hundreds of thousands of

dollars. The contributions include recruiting partisan poll watchers for the Harris CountyRepublican Party and promoting the election ofa number ofRepublican candidates appearing on

the November 2010 election ballot. Candidates were promoted through sponsorship of public

forums and the production and distributionofvideotapes of those Republican candidate events.

Texas Election Code Section 253.003 prohibits a person, including a non-profit corpomtion

(Section 253.091 and 253.094), from knowingly making a corpomte political contribution to a

political party or to political candidates except for narrow exceptions specifically authorized by

Chapter 253.

Respondent non-profit corpomtions appear to have spent substantial sums ofmoney on paid

personnel, professional videos, and communication materials recruiting "conservative" poll

watchers to serve on behalfof the Harris County Republican Party in precincts in Harris County.Texas law requires poll watchers to be designated by either political parties or candidates. (Texas

Election Code Sections 33.001, 33.003.) The respondents appear to have coordinated

recruitment ofpoll with the Harris County Republican Party for partisan purposes.

Similarly, the respondents have likely spent substantial amounts to organize, advertise, promote

and host public meetings that have served to promote the election ofparticular candidates for

public office while failing to invite or include their opponents to the public gatherings.

Political contributions include both cash and in-kind contributions: '''Contribution' means a

direct or indirect tmnsfer ofmoney, goods, services, or any other thing ofvalue and includes an

agreement made or other obligation incurred, whether legally enforceable or not, to make atmnsfer." Texas Election Code 253.001(2). (See also 1 Texas Admin Code 20.1 (8) (in-kind

contribution). Third-party paid personnel and communications materials are in-kind

contributions ifprovided to the recipient for its benefit or in coordination with it. See 1 Texas

Administmtive Code 20.1 (5)(A), (8).

Section 253.104, which provides the only exception to the prohibition on corpomte contributions

to political parties, authorizes a narrow exception that respondents appear not to satisfy. Section

253.104(a) allows corporations to give corpomte contributions to political parties only pursuant

to the exception in Chapter 257 of the Election Code. In addition, Section 253.104(b) does not

allow any corpomte contributions within 60 days ofa general election, such as this November's

election. Texas Election Code Section 257.002 states, in pertinent part that "a political party thataccepts a contribution authorized by Section 253.104 may use the contribution only to "defray

normal overhead and administmtive or opemting costs incurred by the party .. "

The Texas Ethics Commission's opinions state clearly that normal overhead and administmtive

costs ofpolitical parties include only the routine administmtive costs ofany organization:



"We understand the phrase "nonnal overhead and administrative or operating

costs" to describe items such as expenditures for office space, utilities, and other

usual costs of operating an organization. We do not consider costs associated with

the printing and distribution of brochures soliciting donations to and membership

in the party to be 'nonnal overhead and administrative or operating costs. ' .. . Nor

do we consider expenditures for voter registration drives to be overhead or

administrative costs. "

Tex. Ethics Adv Op. No. 272 (1995). See also Tex Ethics Adv Op. Nos. 176 (1993) and 132

(1993). The new definition in Section 253.100 of allowable administrative expenses for general

purpose committees concurs, specifically prohibiting corporate contributions for partisan voter

registration, partisan voter turnout, voter identification, and voter databases. See Texas Election

Code 253.1OO(d). Just like voter registration, poll watching is not a routine administrative

expense that would be incurred by any business. In addition, the non-administrative activities of

political parties, such as voter registration and poll watching, are considered inherently political

because parties are created to engage in partisan political activities. Evidence indicates that much

of the recruitment of the poll watchers by respondent for the Harris County Republican Party has

occurred within 60 days of the election when corporate contributions to a party are expresslyprohibited in any circumstances. .

The Texas Ethics Commission is also clear about the use of corporate funds to promote the

election of particular candidates. Tex. Ethics Adv Op. No. 340 (1996) states, in part:

"The use of corporate resources to allow a particular candidate or a particular candidate's

representative to address an audience and advocate his election would be a prohibited

corporate contribution to the candidate. This would be true regardless of whether the

candidate explicitly solicited contributions to his campaign."

"The requestor asks whether the candidate appearance would be permissible if eachcandidate for a particular office were invited to speak. In Ethics Advisory Opinion Nos.

336 and 327 (1996), the commission dealt with the use of corporate expenditures to

provide a forum for all candidates in a particular race to present themselves. In Ethics

Advisory Opinion No. 327, we determined that a corporation providing Internet services

may create and maintain a site on the Internet for posting the credentials and photos of

Texas political candidates, provided that the corporation does not include endorsements

of any candidate and makes the site available to all candidates on an equal basis. In

Ethics Advisory Opinion No. 336 (citing Ethics Advisory Opinion No. 327), we

concluded that a corporation may make candidates' campaign material available to

corporate employees i f it provides each candidate with the same opportunity to provide

information, and handles the information provided in such a way that no candidate isgiven more advantageous treatment than any other. Similarly, we do not believe a

corporate contribution would result if a corporation invited all candidates for a particular

office to address a corporate audience, if all candidates were given the same opportunity

to appear, and the corporation did not endorse any particular candidate or present any

candidate in a more advantageous way than any other candidate."



Tex. Ethics Adv Op. No. 340 (1996) concludes:

"An incorporated association may make expenditures for candidate appearances before

the association's members or stockholders only if all candidates for the office are given

the same opportunity to appear and are presented on an equal footing."

It appears that respondents did not invite or allow all candidates for a particular office to appearat their candidate events. It also appears that the sponsored events were open to the public and

were not restricted to the corporations' members, directors, employers and their families.

In this manner, the respondents appear to have violated the corporate prohibition by making

large in-kind contributions to identify, recruit, train and deliver poll watchers to the Harris

County Republican Party, for its appointment and use, and to promote the election of particular

candidates to public office in violation Title 15 of the Election Code.

......... ------



IV. Statement ofFacts

1) Recruitment of pollwatchen and coordination with Republican Party.

King Street Patriots and True the Vote appear to have spent substantial sums on materials,

videos, national speakers, and personnel since at least May 2010 to recruite "conservative" pollwatchers for the Harris County Republican Party. In May 2010, True the Vote brought David

Horowitz, a nationally known right-wing commentator, to Houston to talk to a large audience

about the importance of defeating Democrats and using poll watchers to prevent "rampant voter

fraud". In an exchange with respondents' founder, Catherine Engelbrecht at that event,

Horowitz states:

"In the next six months, the most important thing you need to do is True the Vote.

Because election fraud is rampant. Here you have a chance to unseat some very

bad people but you have to win the election by 3 to 5 points. This is what was told

to me by a Democratic consultant who built the most powerful Democratic

machine in my state - regrets it. He said you guys-the Republicans-don't winby 3 to 5 percent, we will steal that margin. So that's your immediate task."

(Video 4 of6, starting at 4:00, at http://www.youtube.com!watch?v=vBEJfuOElLk).

There are 6 videos of the Horowitz event and all are relevant and incorporated into this

complaint.

http://www.youtube.comlresults?search_query=king+street+david+horowitz&aq=f )

Poll watching is a centerpiece of the "action plan" on True the Vote's website. The website has a

professionally produced video, "Stop the Voter Fraud Now," (see it on the front page of

www.truethevote.org) in which Horowtiz and Engelbrecht discuss "massive voter fraud."

Another speaker addresses reponsdent's partisan agenda: "In the legislature in Texas there is aseven vote conservative majority, and what that mean is, in the big picture, if we lose Houston,

we lose Texas . .ifwe lose Texas, we lose the country." Horowitz says that the highest priorities

are election monitoring and poll watching. Engelbrecht then makes a call to action, saying True

the Vote wants five poll watchers at every precinct.

The website's "resources for activists" page includes "A True The Vote Election Monitor Guide

for Harris County (attached), which calls not only for poll watchers, but precinct chairs and paid

election workers (http://www.truethevote.orgjresources-for-activists).This King Street Patriots

guide reveals that respondents are working exclusively wi th the Harris County Republican Party.

The guide refers poll watchers to the harriscountygop.com web site for the "Poll Watcher's

Guide" and tells their poll watchers ''to type up your notes from Election Day and email them to

Brian Bishop, Harris County Ballo t Security Committee ([email protected]).

From Bishop, respondents' poll watchers get their GOP appointment form (attached). The

coordination between the reposondents and the RepUblican Party has been noted in the press

(http://www.americanindependent.com!tx-houston-tea-party-group-king-street-patriots-may-risk-

violating-state-federal-Iaws-experts-sayl) and the party is directing pol l watchers to the King

Street Patriots' training, exhibiting their coordination. (http://www.americanindependent.com!tx-

harris-county-gop-directs-pollworkers-to-training-from-tea-party-groupl)

..._---

http://www.youtube.com%21watch/?v=vBEJfuOElLk

http://www.youtube.comlresults/?search_query=king+street+david+horowitz&aq=f

http://slidepdf.com/reader/full/www.truethevote.org

http://www.truethevote.orgjresources-for-activists%29.this/

http://slidepdf.com/reader/full/harriscountygop.com

mailto:[email protected]

http://www.americanindependent.com%21tx-houston-tea-party-group-king-street-patriots-may-risk/

http://www.americanindependent.com%21tx/

http://www.youtube.com%21watch/?v=vBEJfuOElLk

http://www.youtube.comlresults/?search_query=king+street+david+horowitz&aq=f

http://slidepdf.com/reader/full/www.truethevote.org

http://www.truethevote.orgjresources-for-activists%29.this/

http://slidepdf.com/reader/full/harriscountygop.com


http://www.americanindependent.com%21tx-houston-tea-party-group-king-street-patriots-may-risk/

http://www.americanindependent.com%21tx/



This poll-watcher message has been repeated weekly at the King Street Patriots' meetings, where

generally more than 200 people attend, and at countless other venues and te a party gatherings.

(See, e.g., http://www.examiner.comlelections-2010-in-houstonlhundreds-of-citizen-patriots-

attendwebster-tea-party; http://www.examiner.comlbrazoria-county-conservative-in-houstonltea-

partytalk). The "Houston Examiner" reported that "She [Mary Huls of KSP] also discussed the

need for volunteers to serve as poll watchers, judges, and poll workers. Huls stressed that this isextremely important in Harris County." (http://www.examiner.comlelections-201O-in -

houstonlhundreds-of-citizen-patriots-attend-webster-tea-party?render=print#print)

2) Use of Corporate Expenditures to Support Candidates for Office.

In recent months King Street Patriots and and/or its affiliate KSPffrue the Vote has promoted

and hosted numerous public meetings or forums where just one candidate for a particular office

was invited to participate. The exact number of these meetings in which just one candidate was

invited to promote him or herself for election, is not clear. This complaint provides evidence of

at least five such meetings or forums which were held at the offices of the The King StreetPatriots, 9562 Hempstead Road, Houston. As the attached evidence shows, respondents

promoted four of the public meetings as ''Neighborhood Link-Ups." Respondents describe these

events as "Meeting to help you organize your neighborhood and get out the conservative vote!"

Attached are copies of e-mail invitations to the four meetings. Each is billed as an opportunity to

"get to know your candidates." The dates and candidates invited or attending the four meetings

are:

1) September 22, 2010 Link UP

Featured candidates:

Jack O'Connor, Candidate for State Representative, District 149

Sarah Davis, Candidate for State Representative, District 134

2) September 29,2010 Link UP


John Faulk, Candidate for U.S. Representative District 18

3) October 6, 2010 Link UP


Jack O'Connor, Candidate for State Representative, District 149

Lynn Bradshaw-Hull, Candidate for District Judge, 280th

District Court

4) October 13, 2010 Link UPFeatured candidates:

Adrian Heath, Candidate for Montgomery County Judge

MarthaHill Jamison, Candidate for 14th Court of Appeals

http://www.examiner.comlelections-2010-in-houstonlhundreds-of-citizen-patriots/

http://www.examiner.comlbrazoria-county-conservative-in-houstonltea/

http://www.examiner.comlelections-201o-in/

http://www.examiner.comlelections-2010-in-houstonlhundreds-of-citizen-patriots/

http://www.examiner.comlbrazoria-county-conservative-in-houstonltea/

http://www.examiner.comlelections-201o-in/



Video evidence also exits ofa fifth meeting on September 20, 2010. There again, respondents

invited just one candidate for a contested office (http://vimeo.coml15611184). In the video of

the event, Jim Murphy, candidate for State Representative, District 133 promotes his candidacy

and denigrates his Democratic opponent, Representative Kristi Thibaut, who was not invited to

attend according to press accounts (Houston tea party group may be violating state law, The

Texas Independent, 10-6-10). (Video is attached.)

Press accounts indicate that the five public events noted above were not the extent of the

corporations' violations of the election code. The Texas Independent reports that the

corporation(s) provided in-kind political contributions by organizing and supporting block-

walking activities to "spread the word on great conservative candidates including Fernando

Herrera (candidate for State Representative, District 148), JackMorman (candidate for Harris

County Commissioner), Chris Daniel (candidate for Harris County Clerk), Judge Dan Hinde

(candidate for 269th

District Judge), Judge Lynn Bradshaw-Hull (candidate for 280th District

Court), Judge Sheri Dean (candidate for 309th

District Court), Judge Vanessa Velasquez

(candidate for 183rd

District Court), andmore." (Houston tea party group may be violating state

law, The Texas Independent, 10-6-10) (Attached.)

As relatively new organizations, The King Street Patriots and KSPITrue the Vote organizations

have not filed IRS Forms 990. Therefore, it is impossible for the public to discern the sources

and amounts ofmoney raised by the corporations. Texas Ethics Commission reports that the

political action committee of the Houston Assn of Insurance Agents provide True the Vote with

a $2,500 contribution on 9120/2010.

http://vimeo.coml15611184/

http://vimeo.coml15611184/



Texas Ethics Commission P.O. Bo x 12070 Austin, Texas 78711-2070 (512) 463-5800 1-800-325-8506

VI. AFFIDAVIT PageS

(Execute this affidavit if the acts alleged are within your direct personal knowledge.)

I, , complainant,

swear that I am a resident of the state of Texas. I swear that I have knowledge of the

facts alleged in this complaint and that the information contained in this complaint is

true and correct.

SignatureofComplainant

AFFIX NOTARY STAMP { SEAL ABOVE

Sworn to and subscribed before me, by the said , this the day of

,2 0 , to certify which, witness my hand and seal of office.

'Signatl,lre of officer administering oath, . .

Printed name of officer administering oath Title ofofficer administering oath

VII. AFFIDAVITBAS!:D ON INFORMATION AND BELIEF

(Execute this affidavit if the acts alleged are no t within your personal knowledge, but are based on belief.)

I, fY\. .... Y¢W81..0 , complainant,

swear that I am a resident of the state of Texas. I swear that I have reason to believe

and do believe that the violation alleged in this complaint has occurred. The sourceof my information and belief is

yU\b\1-s' J. b c. v..;vvu: ",""t:s Q. .... r'\A.. , \) ,

MARIBEL SALAS f'e-P0-e-'TS' Notary Public, State ofTexas1"'/ '."''=- My Commission Expires

January 16. 2011"'iI"UI"\"

AFFIX NOTARY STAMP I SEAL ABOVE

Sworn to and subscribed before me, by the said vy\ C Vc NA .. P , th is the \5*h day of

0cJ-0b-U\. ,2 0 10 , to certify which, witness my hand afld seal of office. 4'Ylo..rlbL\ SO!.\a$ )\o-bfl( LSignature of officer administering oath Printed name of officer administering oath Title of officer administering oath

Revised 0611012009



t..t. LlN .... UJ:" um. weeK

•MEET YOUR NEIGHBORS II TALK WITH YOUR ELECTED II STAY ENGAGED

purpose:LINKS Meeting to help you organize your neighborhood and get out the conservative vote!

Please join our informal meeting to get ideas, learn from each other and get to know your

candidates.

This week we will feature:

Jack O'Connor, Candidate for State Representative, Legislative District 149

Sarah Davis, Candidate for State Representative, Legislative District 134

day &time:Wednesday, September 227:00pm - 8:00pm

place:King Street Patriots

9562 Hempstead RoadHouston, TX 77092

contact:Shirley Andries

[email protected]

10/14/2010 1:41 PMf2





1 " un:s w t:t:K



Please join our informal meeting to get ideas, learn from each other and get to know yourcandidates.


Wednesday, Oct 13:Americans for Prosperity's Citizen Watchdog of the Year, and candidate for County Judge inMontgomery County Adrian Heath and Judge Martha Hill Jamison, candidate for 14th Court ofAppeals, Place 5.

day & time:Wednesday, October 13th7:00pm - 8:00pm

place:King Street Patriots9562 Hempstead Road

Houston, TX 77092

contact:Shirley Andriessh [email protected]

10/14120101:45 PM





IV.VO DRS weeK



Please join o'ur informal meeting to get ideas, learn from each other and get to know your

candidates.


Wednesday, Oct 6:

Jack O'Connor - Candidate for State Representative, Legislative District 149

Lynn Bradshaw-Hull Candidate for District Judge, 280th District Court

day & time:Wednesday, October 6th

7:00pm - 8:00pm


9562 Hempstead Road

Houston, TX 77092

contact:Shirley Andriessh [email protected]

lof2 1011412010 1:4





• t. .....- ee



Please join our informal meeting to get ideas, learn from each other and get to know your

candidates.


Wednesday, Sept 29:

John Faulk speaking on Shepherding and is candidate for US Representative for

Congressional District 18

Next week, Wednesday, Oct 6:

Jack O'Connor - Candidate for State Representative, Legislative District 149

Lynn Bradshaw-Hull Candidate for District Judge, 280th District Court

day & time:Wednesday, September 29

7:00pm - 8:00pm


9562 Hempstead RoadHouston, TX 77092

contact:Shirley Andries

10/14/20101:43 PM

Documents

King Street Complaint